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Reasons
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(영문) 수원지방법원 2019.11.06 2019가단8227
건물명도 등
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1. Of the instant lawsuits, the portion of the claim amounting to KRW 496,00 shall be dismissed.

2. The defendant shall pay 5,581,880 won to the plaintiff.

Reasons

1. In the portion of dismissed lawsuit - The amount of litigation cost of KRW 496,00 (the amount obtained by subtracting KRW 20,000 from the amount of KRW 516,000,00,000, which was the amount of KRW 516,000,00) from the amendment of October 8, 2019, may be repaid through the procedure for determination of litigation costs, and there is no benefit of filing a lawsuit separately (Supreme Court Decision 99Da68577, May 12, 200). This part of the claim is

2. A cited part;

A. On July 10, 2018, the Plaintiff: (a) leased real estate stated in paragraph (1) of this Article (hereinafter referred to as “instant building”) to the Defendant, with a deposit of KRW 5 million; (b) KRW 500,000 per month; and (c) from July 10, 2018 to July 9, 2019; (d) the lease contract was terminated on the ground of the following two or more vehicles; and (e) the lease contract was terminated on the ground of the following two or more occasions; (e) KRW 4.15 million per overdue rent or rent (from November 10 to July 18, 2019); (e) overdue management expenses of KRW 1,411,880 (from October 18, 2018 to July 18); and (e) the payment of KRW 20,000 won for the lost entry card.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. The dismissed portion - The plaintiff sought delivery of the building of this case on the grounds of termination of the lease agreement with the defendant, but the plaintiff was transferred the building of this case from the defendant. Thus, it cannot be deemed that the defendant currently occupies the building of this case. Thus, this part of the claim is without merit.

4. Of the instant lawsuit, the part seeking the payment of litigation costs is unlawful, and thus, the remainder of the claim is justified.

The request for delivery of a building is dismissed as there is no reason.

It is so decided as per Disposition for the same reasons above.

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